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(영문) 수원지방법원 2017.04.28 2017고정388
권리행사방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 17, 2014, the Defendant: (a) obtained a loan of KRW 69,00,000 on condition that 1,882,060 shall be repaid each month from the Victim Capital Co., Ltd. for 48 months, on condition that the Defendant would purchase the instant truck registered under the Defendant’s name; (b) on January 21, 2014, the Defendant created a collective security right of KRW 48,300,000 with respect to the said truck, which was registered under the Defendant’s name; (c) provided that the Defendant would lose the benefit of time and sell it at will by a person who could sell it at will, on more than two consecutive occasions, at the time of delinquency in payment.

Nevertheless, on September 2014, the Defendant disposed of the instant truck to a person who was unable to know his/her name at the time and place of payment after paying 12,272,677 million won out of the installment until September 2014, and then concealed his/her whereabouts, thereby hindering the victim from exercising his/her rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of loans, details of receipt of principal and interest of disposable discrimination, application for debate on errors, and application of Acts and subordinate statutes of the Motor Vehicle Register;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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